Section 39 in West Bengal Estates Acquisition Act, 1953
39. Preparation of record-of-rights.
(1) Subject to the provisions of sub-section (4), the State Government may, for carrying out the purposes of this Act make an order directing(a)that a record-of-rights be prepared in respect of any district, or part of a district, or(b)that the record-of-rights prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885 (VIII of 1885), in respect of any district, or part of a district be revised, by a Revenue Officer in accordance with the provisions of this Chapter and such rules as may be made in this behalf by the State Government.(2)A notification in the Official Gazette of an order under sub-section (1) of this section shall be conclusive evidence that the order has been July made.(3)When an order is made under sub-section (1), the Revenue Officer shall record in the record-of-rights to be prepared or revised in pursuance of such order, such particulars as may be prescribed.(4)[ Where any proceedings in respect of the preparation of the record-of-rights have been commenced under Chapter X of the Bengal Tenancy Act, 1885, before the date on which this Act comes into force and such record-of-rights has not been finally published, steps shall be taken for the completion and final publication of such record-of-rights. In taking such steps, the proceedings may be continued from the stage at which they rested on such date or may be reopened and recommenced from any earlier stage as may be decided by the Revenue Officer in his discretion having regard to the facts and circumstances of the case. The proceedings shall be in accordance with such rules as may be prescribed by the State Government. The record-of-rights shall thereupon be deemed to have been duly prepared and finally published under this Chapter.][Sub-section (4) Substituted by Section 12 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect) for original sub-section.]Explanation.Where before the commencement of the West Bengal Estates Acquisition (Amendment) Ordinance, 1957 (West Bengal Ord. I of 1957), any proceedings were reopened or recommenced by any Revenue Officer, such proceedings,(i)shall not be invalid merely on the ground of the proceedings being reopened and recommenced or not being in accordance with the rules prescribed under this sub-section, and(ii)shall be deemed to be proceedings under this sub-section..
